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Winnipeg Clinic

COLLECTIVE AGREEMENT

Between

WINNIPEG CLINIC MEDICAL CORPORATION

and

MANITOBA ASSOCIATION OF HEALTH CARE
PROFESSIONALS

For the Period April 1, 2014 to March 31, 2022

PDF VERSION

Introduction

INTRODUCTION

Please note

Changes made to the Collective Agreement in the 2018 round of bargaining are in bold type.

 

This Agreement Made In Duplicate This ____ Day of ______, 2018

BETWEEN:

THE MANITOBA ASSOCIATION OF HEALTH CARE PROFESSIONALS
(Herein called the “Association”)

– and –

Winnipeg Clinic Medical Corporation
(Herein called the “Clinic”)

 

 

WHEREAS the Association is the certified bargaining agent of certain specified employees of the Clinic;

AND WHEREAS the Association and the Clinic have agreed to enter into a Collective Agreement containing terms or conditions of the said employees of the Clinic including provisions with reference to rates of pay and hours of work;

NOW THIS AGREEMENT WITNESSETH that the parties hereto, in consideration of the premises and of the mutual covenants hereinafter contained, agree with each other as follows:

 

Articles

ARTICLE 1: SCOPE AND APPLICATION OF AGREEMENT

101   The Clinic recognizes the Association as the exclusive bargaining agent for all
Radiological Technologists and Dark Room Technicians employed by the Winnipeg Clinic except those excluded by the Act, as defined in the Manitoba Labour Board Certificate Number MLB-4868.

102   The Clinic recognizes the Association as the exclusive bargaining agent for all Respiratory Therapist classification employed by the Winnipeg Clinic Medical Corporation except those excluded by the Act, as defined in the Manitoba Labour Board Certificate Number MLB – 7278.

103   All current full time, part time, and casual employees and all newly hired Registered Respiratory Therapists shall be covered by all terms of the current collective agreement between the parties except where specifically noted.

104   The Supervisor of the Respiratory Therapists, which position is agreed to be outside the scope of the bargaining unit, shall be entitled to do work that is the same work that is performed by the bargaining unit.  The employer shall remit union dues to the association for all hours the Supervisor works whether such work is Respiratory Therapist work or other duties.  The Supervisor shall not have any rights, benefits or seniority under the Collective Agreement.

105   If the Manitoba Labour Board rules that any person is an “employee” within the bargaining unit within the meaning of the Manitoba Labour Relations Act, then the Clinic agrees with the Association that it will meet forthwith with representatives of the Association to negotiate the classification and the salary schedule for such classification for inclusion in the Collective Agreement, and if the employer and the Association are unable to reach agreement on such classification and salary schedule, or either of them, then the matter may be submitted to binding arbitration by either of the parties pursuant to Article 26 of this Agreement.

106   A copy of this Agreement shall be provided by the Clinic to each of the present employees and to all future employees bound by this Agreement. The Association and the Clinic shall share equally all costs in connection with the printing and distribution of the Collective Agreement.

107 No employee shall enter into any separate agreement inconsistent with the provisions
hereof.

ARTICLE 2: DEFINITIONS

201   Wherever used in this Agreement, the following words shall have the meaning
hereinafter set forth:

202   Approved Training – means training approved by the Canadian Association of Medical
Radiation Technologists.

203   a) C.A.M.R.T. means Canadian Association of Medical Radiation Technologists.

b) RT means Registered Technologist certified by and currently registered with the
C.A.M.R.T.

c) A.C.R. means Advanced and Certification, Radiography, certified and currently registered with the C.A.M.R.T.

d) F.C.A.M.R.T. – means Fellowship of the Canadian Association of Medical Radiation Technologists, certified and currently registered with the C.A.M.R.T.

e) RRT – means Registered Respiratory Therapist certified and currently registered with MARRT

f) MARRT – means the Manitoba Association of Registered Respiratory Therapists

204    Employee – means any person employed by the Clinic on a full-time or part-time basis
within the bargaining unit as described by Article 101 and 102.

205    Employer means the Winnipeg Clinic.

207    Basic Rate, Salary or Pay means the amounts indicated in Schedules A and B.

208    Technologist means a graduate of an approved school of medical radiation technology and/or an individual who has attained certification and is currently registered with the Canadian Association of Medical Radiation Technologists.

209    Technologist I – a Technologist who is performing assigned routine duties.

210    Technologist II – a Technologist who performs work that is of greater responsibility
than that performed by a Technologist I;

or

A Technologist performing more specialized procedures and techniques.

211 Technician I – an employee who has on-the-job training and performs only specified
procedures.

212    Technician II – an employee who performs under supervision, certain specialized
procedures;

or

An employee who performs duties of a greater responsibility than a Technician I.

ARTICLE 3: EMPLOYMENT STATUS

301    Employees will be advised of their status at the time of their hire and at the time of any
subsequent change.

302     Full-time Employee – means an employee who is scheduled on a regular ongoing
basis to work the regular hours described in Article 12. A full-time employee is covered by all provisions of this Agreement unless otherwise specified.

303    Part-time Employee – means an employee who regularly works less than the hours of
work as set out in Article 12, on a scheduled and recurring basis.

304   Probationary Employee

a) Probationary employee is one who has not completed three (3) months of
continuous full-time employment or four (4) months continuous employment for all others. Until such time as an employee has completed his/her probationary
period as herein above provided he may be subject to discharge without
recourse to the grievance procedure.

b) The probationary period for any given employee may be extended for any period
not exceeding three (3) months, after consultation with the Manitoba Association of Health Care Professionals.

305      Term Employee

Term Employee – means an employee engaged for a particular assignment, or specific period of time as a full-time or part-time employee.  The start and completion dates of the term will be specified in writing.  A term employee shall not be engaged for a period of greater than twelve (12) months, unless mutually agreed between the Association and the Clinic.

ARTICLE 4: TEMPORARY EMPLOYEE

401     A term employee hired to replace a permanent employee:

a)  shall be entitled to exercise her seniority rights to apply for positions posted prior to the expiration of her term of employment;

b)  may be required to complete the term of employment for which she was engaged before being considered for the position;

c)  may be required to complete a further probationary period upon being awarded a permanent or new term position.

d) shall have seniority connected only where she has applied for a position posted prior to the end of her term of employment, and has been the successful applicant for that position.

e)  shall have seniority rights in matters of demotion, layoff or recall only in respect to other term employees.

f)  shall not be entitled to the provisions of Article 2309, 2802, 2805, and 3701.

g)  A term employee shall not be terminated and rehired for the purpose of extending the period of temporary employment in the same position without prior approval of the Association. Where a temporary employee completes her term of employment and is the successful applicant for a different consecutive term position, it shall not be deemed to be an extension of the original term position.

h)  All eligible group benefits will come into effect when three (3) continuous months of full-time employment as a term full-time employee has occurred.

ARTICLE 5: CASUAL EMPLOYEE

501    Casual Employee is an employee who is occasionally called in to work by the employer to:

a) Replace a full-time or part-time employee or

b) Supplement regular staff coverage in situations of unforeseen staff shortage

The terms of this agreement shall not apply to casual employees except as provided for below:

a)  casual employees shall receive vacation pay calculated at the rate of 6% for all hours worked. Vacation pay so earned is payable at the end of each calendar year

b)  casual employees shall be entitled to compensation for overtime in accordance with Article 13

c)  casual employees shall be paid not less than the start rate or the maximum rate for the position to which they are assigned

d)  casual employees are not guaranteed any hours of work. In the event no wage payment is made during any pay period, the employer shall have no responsibility to deduct or remit dues for that pay period

e)  casual employees shall have Association dues deducted in accordance with Article 25

f)  casual employees reporting for work as requested by the employer and finding no work available shall be paid at least three (3) hours pay at his/her basic rate of pay.

g)  Article 21 Grievance and Arbitration shall apply to casual employees only with respect to the matters of Article 207.

h)  Casual employees shall accumulate seniority as per Article 1001.

ARTICLE 6: PART TIME EMPLOYEE

601   Part-time employees shall be covered by all provisions of this Agreement unless otherwise specified, and will receive a pro-rata share of salary, annual vacation, income protection credits, pensions, and general holidays as per Article 2103.

602   A part-time employee reporting for work as scheduled or at the Clinic’s request in the event of an unforeseen staff shortage, shall be paid not less than three (3) hours pay at her basic rate if she is sent home due to lack of work.

603   Unless otherwise mutually agreed between the Clinic and the employee, part-time employees shall receive their entitled vacation over a period of time equivalent to the vacation period of a full-time employee.

604   Part-time employees who make it known to the Clinic that they are willing to work occasional additional shifts shall be given preference over casual employees in the assignment of such shifts, providing they have the necessary qualifications.  This provision shall not apply if it would result in the part-time employee working in excess of the regular hours of work as per Article 1201.

605   When part-time employees agree to work additional shifts that are outside their regular scheduled, it shall not be construed as a change of shift or a callback.

ARTICLE 7: OCCUPATIONAL CLASSIFICATIONS (N/A)

ARTICLE 8: MANAGEMENT RIGHTS

801   Except to the extent expressly abridged by a specific provision of this Agreement, the
Clinic reserves and retains all of its inherent rights to manage the affairs of the Clinic and to make and alter from time to time rules and regulations to be observed by the employees, which rules and regulations shall be part of but not inconsistent with this
Agreement.

802 The employer, in administering this Collective Agreement will act reasonably, fairly, in good faith, and in a manner consistent with the Collective Agreement as a whole.

803 The Clinic agrees to discuss in advance with the Association all matters which significantly affect their security of employment or working conditions.

ARTICLE 9: SALARIES

901   Salaries shall be paid to each employee in accordance with Schedule A and B attached hereto and made part hereof.

902   It is understood and agreed that all employees covered by this Agreement shall be placed at the level of wages as listed in Schedule A.

903   In addition to the wages as provided for in Schedule A, all employees covered by this Agreement shall be paid non-cumulative monthly academic allowances as set out in Schedule “B” attached.

904   Upon promotion, an employee shall receive a salary applicable to their new classification, which provides for an increase of at least 5% of her former salary. The anniversary date of each employee for incremental purposes shall be the date on which the employee last commenced employment with the Clinic.

905   Promotion means a change of employment from a lower salary classification to a higher salary classification within the scope of this Agreement.

906   An employee shall be entitled to payment of all wages, vacation pay and other benefits within five (5) working days following termination.

907   Salaries shall be quoted in terms of the gross bi-weekly rates and hourly rates.

908   Equivalent gross hourly rates shall be calculated as follows:

              Monthly Rate X 12

               1950

909 A graduate of an approved school of Medical Radiation Technology and/or an individual who has not attained, or maintained his R.T. may at the discretion of the employer be paid $50.00 less than the approved Technologist’s scale as set out in Schedule “A” attached hereto; however, upon attaining his R.T., the $50.00 per month will be retroactive to the initial date of obtaining same.

910   The minimum starting salary of a newly hired employee will be determined by experience in accordance with the following table:

Start 1 Yr. 2 Yr. 3 Yr. 4 Yr.
1950 hours in the previous three years XX
3900 hours in the previous four years XX
5850 hours in the previous five years XX
7800 hours in the previous five years XX

A Technologist employed at a classification above a Technologist I shall be paid a starting
salary that is not less than one increment above the salary she would receive if employed
as a Technologist I.

911   Increments for Part-time Employees

Part-time employees hired after the date of signing of this Agreement shall receive
increments (calculated from the date of her last increment or her starting date as the case may be) on the basis of one (1) increment for each 1300 hours worked or one
(1) year’s service, whichever occurs later. In the case of the increment being given on the basis of 1300 hours worked, it shall be applied to the pay period next following
completion of 1300 hours worked.

An employee whose employment status changes from part-time to full-time shall be entitled to receive an increment on the later of:

a)  one (1) calendar year from the current date of her last increment, or starting date as the case may be;

or

b) on completion of 1300 hours calculated under the formula:

B = 1950 – (A X 3/2)

A = Number of hours during which seniority was accrued under part-time status since the date of her last increment, or starting date as the case may be.

B =Number of hours remaining to be worked as full-time to earn an increment.

The above provision shall not apply to part-time employees prior to the date of signing of this Agreement until after they receive their next increment in accordance with the following:

a) Annually if they work one half of full-time hours;

b) On every second anniversary date if they work less than half time.

ARTICLE 10: SENIORITY

1001   Subject to the provisions of clauses 1002, 1003, and 1004, seniority shall be defined as the total accumulated hours paid from the last date that the full-time or part-time employee was hired by the Clinic.  It shall be the factor in cases of promotion, vacancy selection, vacation selection, layoff and recall. Seniority accumulated prior to February 15, 1995 for the Diagnostic Imaging employees and December 20, 2017 for the Respiratory Therapists shall be retained.

1002     Seniority of an employee will be retained and accrue during:

a) any period of paid leave of absence or income protection,

b) absence on MPI, and Long Term Disability for up to two (2) years,

c) unpaid leave of absence of four (4) weeks or less.

d) maternity, parental or adoption leave of absence.

1003        Seniority will be retained but will not continue to accrue during:

a) unpaid leave of absence of more than five (5) weeks,

b) absence on Long Term Disability of more than two (2) years but not more than five (5) years,

c) layoff of eighteen weeks or less.

1004    Seniority will terminate if an employee:

a) resigns, retires or goes on permanent disability,

b) is discharged and not re-instated,

c) is laid off for more than eighteen (18) weeks.

d) accepts employment as a casual employee.

1005    Employer shall provide the Association with a list of  employees within the bargaining unit, showing their names, addresses, classification, date employment commenced, seniority, income protection accumulation, vacation entitlement, anniversary date and main contact information once annually to MAHCP on January 15 to info@mahcp.ca .

 

ARTICLE 11: VACANCIES, TERM POSITIONS AND NEW POSITIONS

1101    Employer shall provide all job postings to MAHCP within 7 days of posting the position.  Within 30 days of the posting being awarded the employer shall forward a list of all changes to employee statuses, listing all new hires including but not limited to names, addresses, classification, rate of pay, terminations, resignations, retirements and any and all other changes to bargaining unit compliment to info@mahcp.ca.

1102    The Clinic agrees that all vacancies in new or existing classifications within the scope of this Agreement will be posted on the Departmental or Association bulletin board for not less than five (5) calendar days.  The notice shall set out the classification, title (if applicable), rates of pay, current and/or anticipated starting and quitting times.

1103    Employees shall be given preferential consideration for the filling of vacant positions on the basis of seniority providing they have the necessary:  qualifications; skill; and ability.

1104     All promotions and transfers shall be subject to a three (3) month trial period during which the employee shall have the right to return to her former position and rate of pay if the promotion or transfer proves unsuccessful.

ARTICLE 12: HOURS OF WORK AND SHIFT SCHEDULES

1201    It is understood and agreed that the normal work day shall not exceed seven and a half (7 1/2) hours duration, excluding meal periods and including rest periods.

1202    It is understood and agreed that except as hereinafter expressly provided, the work week shall not exceed 37 1/2 hours.

1203    A meal period of one (1) hour’s duration to be scheduled by the employer during each regular working day.

1204    A rest period of twenty (20) minutes shall be scheduled by the employer during each continuous three (3) hour period of duty.

1205    Normal shift schedules shall be posted at least two (2) weeks in advance and shall be subject to change as may be necessary for the benefit of the Clinic’s operation. The posted shift schedules shall be subject to change only by mutual agreement.

1206    If the Clinic considers implementing a significant change to the normal work day, the normal shift of work, the normal work week, or the normal rotation of shifts, the Employer will call a meeting of the affected employees to discuss and consider such changes.

A properly designated representative of the Association shall be given seven calendar days written notice of the meeting and shall be given the opportunity to attend this meeting.  The notice of the meeting shall contain a detailed outline of the changes, and the reason(s) for proposing the change(s).

The Clinic agrees to allow the employees up to ten (10) working days to formulate a reply and submit any alternate proposals for consideration.

Failing implementation of the alternate proposals, a written explanation shall be sent to the Association.

If after due consideration, the Clinic still plans to implement the change, the affected employees will be given at least thirty (30) calendar days’ notice.  Notice time may be adjusted by mutual agreement.

At any stage following notification of the meeting, the Association shall have the opportunity to meet with representatives of the Board of the Clinic to discuss the changes.

1207    Where an employee is required to attend a meeting called by the Employer on a scheduled day of rest, the employee shall be compensated in accordance with the terms of this Agreement.

1208    The Clinic agrees to meet during the life of the Agreement to review and discuss flexible scheduling.  The implementation of schedules will be subject to agreement between the Association and the Clinic.

1209    No employee shall have their shift cancelled or be sent home without pay for lack of work where work remains.

ARTICLE 13: OVERTIME

1301    All overtime must be approved in advance and in writing by the Assistant Administrator or the administrator of the Winnipeg Clinic.

1302 Overtime shall be deemed to mean any authorized time worked in excess of the normal hours of work in each day.

1303   Overtime rates shall be:

a)  One and one half times (1 1/2X) the basic rate except as follows:

b)  two (2) times the basic rate for all overtime worked in excess of three (3) hours in any one day,

c)  two and one half (2 1/2) times the basic rate for all time worked on a general holiday.

1304    If mutually agreed upon, an employee may be granted compensatory time off equivalent to and in lieu of the overtime payment to which the employee would otherwise be entitled.

1305    There will be no payment for occasional overtime or deduction for occasional tardiness of less than fifteen (15) minutes in a day.

ARTICLE 14: STANDBY AND CALLBACKS

1401    An employee designated to be on call or standby shall be paid an allowance of one (1) hour’s pay for each eight (8) hour period, or a pro-rata portion thereof.

1402    An employee who is called back to work after their regularly scheduled hours of work shall be paid at overtime rates for not less than three (3) hours for each such call.

Standby allowance shall not be paid for actual time worked on a callback.

1403    An employee who is called back to work or is required to travel on behalf of the Clinic shall:

a)  have return transportation provided for by the Clinic;

OR

b)  receive forty-four cents ($.44) per mile for use of the employee’s vehicle, subject to a minimum payment of four dollars ($4.00) for a return trip.

1404    A callback is defined as a callback to return to any of the Clinic sites received by an employee during the period between the completion of regularly scheduled hours of work and subsequent starting time.  A callback shall be calculated from the time the employee arrives at the designated Clinic site until the callback work for which she was called in to do has been completed and reported to the medical officer in charge.

1405    Standby will be allocated as equitably as possible amongst those employees who are willing and qualified to be on standby.  In the event that no technologist was willing to perform standby and callback duty, the Clinic may initiate a rotating scheduled with no employee having more than seven (7) consecutive days of standby.

ARTICLE 15: EMERGENCY/DISASTER (N/A)

ARTICLE 16: TRAVEL EXPENSES (N/A)

ARTICLE 17: SHIFT PREMIUM AND WEEKEND PREMIUM

1701    A weekend premium of forty-five cents ($.45) per hour shall be paid to an employee for all hours actually worked on any shift where the majority of hours on that shift fall between 0001 on the Saturday and 2400 hours on the following Sunday.

1702    a) Weekend premiums will not be payable while an employee is on stand-by or called   back to work.

b) Weekend premiums will not be included in the calculation of overtime rates.

ARTICLE 18: ANNUAL VACATION

1801    An employee with four (4) or less years of service will earn vacation entitlement at the rate of 1.25 days for each complete month of service (15 days per year).

1802    An employee with four (4) years of service but less than fifteen (15) years of service will earn vacation entitlement at the rate of 1.67 days per each complete month of service (20 days per year).

1803    An employee with eleven (11) years of service but less than twenty-five years of service will earn vacation entitlement at the rate of 2.08 days per complete month of service (25 days per year).

1804    An employee with twenty-two (22) years of service or more will earn vacation entitlement at the rate of 2.5 days per complete month of service (30 days per year).

1805    The whole of the calendar year shall be available for the taking of annual vacation.

1806    If a Statutory Holiday occurs during an employee’s vacation, the employee shall have the opportunity to take an additional day of paid vacation.

1807    An employee shall be given preference as to the selection of vacation on the basis of seniority.  Employees will make every reasonable effort to complete their selection within seven (7) working days.

1808    An employee who terminates for any reason is entitled to pay in lieu of vacation earned but not taken, calculated as a percentage of the number of regular paid hours.

ARTICLE 19: INCOME PROTECTION

1901    An employee shall be entitled to payment of basic salary during absence from work due to illness or injury sustained by the employee to the extent that the employee has accumulated income protection credits subject to the following conditions:

1902    The Clinic agrees to recognize income protection credits accumulated in the employ of the Winnipeg Clinic prior to the signing of this Agreement.

1903    Full-time employees shall accumulate income protection credits at the rate of one day for every complete month worked.

1904    Part-time employees shall accumulate income protection credits on a pro-rata basis of hours worked compared to full-time employees.

1905    The Clinic may recover sick leave benefits paid to a probationary employee if she terminates before completion of such probationary period.

1906    An employee who will be absent due to illness or injury must make every reasonable effort to inform her supervisor prior to the commencement of their next scheduled shift.

1907    The Clinic reserves the right to require a medical certificate or report to determine an employee’s fitness to perform their normal duties during or following absence due to illness.  Such certificate shall not be required without cause for absence periods of three (3) days or less.

1908    Income protection shall be effective from the date of commencement of employment and accumulative.

1909    All eligible employees shall participate in a Long Term Disability Plan which shall be paid by the employee.  The Clinic shall inform the employees of any major changes to the Plan.

1910    While on vacation, an employee entitled to income protection is hospitalized for twenty-four (24) hours or is unable to work for a period of three days or more, sick leave may be substituted for vacation.

The employee must provide a valid medical certificate for all such periods of time.  All periods of vacation displaced shall be reinstated for use at a mutually agreed later date.

1911    Upon retirement, an employee with 20 years of service shall be entitled to receive a pay-out of 20% of unused sick time.  This amount will be increased by 1% per year beyond 20 years of service to a maximum of 25% of unused sick time.

ARTICLE 20: BEREAVEMENT AND COMPASSIONATE LEAVE

2001    An employee shall be granted up to four (4) days paid compassionate leave in the event of death of a spouse, child, parent or sibling (including grand-, step-, or -in-law), fiance(e) or member of the employee’s household.

2002    Necessary time off up to one day at basic pay will be granted an employee to attend a funeral as a pallbearer or mourner.

2003    Compassionate leave may be extended where travel is required, or at the Clinic’s discretion for other reasons.

2004    Compassionate leave for reasons other than death, such as sudden or serious illness or injury to a family member, or serious personal loss due to fire, flood, or theft, shall be granted at the Clinic’s discretion.  Such leave shall not be unreasonably denied.

2005    Compassionate leave may be reduced in whole or in part at the discretion of the Clinic when the employee is on vacation or unpaid leave of absence.

ARTICLE 21: GENERAL HOLIDAYS

2101 A full day’s holiday pay, i.e. seven and one-half (7 1/2) working hours at the regular
rate, shall be granted each employee on each of the following holidays, namely:

Good Friday                                      Labour Day

Dominion Day (Canada Day)         Thanksgiving Day

Victoria Day                                  Remembrance Day

Terry Fox Day                              Christmas Day

New Year’s Day                             Boxing Day

Plus any other general holiday as declared by the Federal, Provincial or Local Government authority

2102    In addition to the foregoing General Holidays named in 2101, each employee shall be granted; the afternoon half of her shift off on December 24; and an additional holiday,
in lieu of Easter Monday, as a Floater Holiday. The Floater Holiday shall be scheduled
at a time mutually agreed upon between the Employer and the employee.

2103    Part-time employees shall receive payment for general holidays as follows:

a. if she works fifteen days of the previous thirty calendar days the equivalent of their
regular day’s earnings;

b. if she is normally scheduled to work on that day the equivalent of their regular day’s earnings;

c. if she fails to meet the requirements of (1) or (2), she will receive 5% of the employee’s total wages, excluding overtime wages, for the four-week period
immediately preceding the holiday.

2104     An employee required to work on a general holiday shall be paid two and one half (2 1/2) times their basic rate for all hours worked, or if mutually agreed upon, compensating time off in lieu of pay.

2105     For an employee required to work on Easter Sunday, the day and time worked shall be treated as a general holiday and subject to the provisions of Article 2101 and 2102.

ARTICLE 22: RESPONSIBILITY PAY

2201    An employee who replaces or relieves or assumes responsibility for a senior position or a department shall be paid a relieving or responsibility allowance of one dollar and thirty five cents ($1.35) per hour for all hours worked.

2202    Relief duties shall not exceed six (6) weeks.  Any period over six (6) weeks shall be treated as a temporary promotion.

2203    Appointments of an employee to a senior position for relief duty shall be confirmed by the Assistant Administrator or Administrator in writing and in a consistent manner in each department.

2204    Applicable to Respiratory Therapist only:

During shifts where the manager is not present, the most senior employee shall be paid a Supervisor Premium – of two dollars ($2.00) per hour.

ARTICLE 23: LEAVE OF ABSENCE

2301    An employee will be required to submit a written request for any leave of absence referred to in this Collective Agreement, unless otherwise herein stipulated.  These requests will specify the reason for the leave and will be considered on an individual basis and may be allowed at the discretion of the employer, but such consent shall not be unreasonably withheld.  Unless otherwise indicated in the Collective Agreement, except in emergencies, such requests must be made at least four (4) weeks in advance.

2302    Overstaying of a leave of absence shall be deemed to constitute a resignation, except where an employee communicates with the employer for purposes of requesting an extension of said leave and for extenuating circumstances.

2303    Adoption Leave

a)  Where an employee adopts a child she/he shall be entitled to commence adoption leave upon being notified by the agency involved that a child is available for placement. The employee shall notify the Employer when the application to adopt has been approved and shall keep the Employer informed as to the progress of the application.

b)  Up to five (5) months leave without pay shall be granted an employee upon adoption of a child.

c)  Where both parents are employees of the Employer such leave shall apply only one (1) employee unless otherwise agreed to between the Employer and the employees.

2304    Maternity Leave

Up to five (5) months maternity leave without pay will be granted to a pregnant employee subject to the following conditions:

a)  A written request must be submitted at least four (4) weeks in advance of the date of the intended leave.

b)  The employee must have completed at least seven (7) months of continuous employment in the Clinic prior to the intended date of the leave, unless otherwise agreed by the Clinic.

c)  If requested by the employee, unpaid maternity leave of a shorter or longer duration may be granted at the discretion of the Clinic.

d)  If the employee is unable to continue in her work due to illness as certified by a physician, she shall be entitled to sick leave and/or unpaid leave of absence until the start of her maternity leave.

2305     Parental Leave

Eligible employees shall be entitled to parental leave in accordance with the Employment Standards Act.

2306    A male employee shall be entitled to one (1) day’s paid leave of absence with pay within seven (7) days of the birth or adoption of his child.

2307    Court Duty – An employee subpoenaed for jury duty or as a witness shall be placed on leave of absence with pay for the total period of court duty.  All benefits of this Agreement continue to accrue during this period of leave of absence.  The employee shall turn over to the Employer any witness or jury fees received as a result of being subpoenaed, provided these do not exceed the employee’s regular pay for the period of the leave.

2308    Notwithstanding the provisions of this article, an employee on leave of absence for court duty is not required to turn over to the employer more than five (5) days of witness or jury fees per calendar week.

2309    Educational leave of absence with pay and reasonable expenses may be granted for continuing educational programs, subject to the approval of the Employer, who shall make every effort to grant such leave.

2310    Subject to the prior approval of the Administrator, an employee who takes an educational course outside of working hours that their supervisor indicates is relevant to her employment, the Clinic will reimburse the employee for the tuition fee to a limit of $100.00 upon successful completion of the course.  Proof of successful completion will be required.

ARTICLE 24: PARENTAL LEAVE (N/A)

ARTICLE 25: ASSOCIATION SECURITY

2501    The Association agrees to provide the Clinic with a current list of officers and authorized representatives and shall provide the Clinic with a revised list from time to time as the occasion may require.

2502    An employee who is elected as an Officer of the Association may be granted necessary leave of absence with pay to conduct Association business away from the Clinic, provided such absence does not disrupt departmental needs. The Association will reimburse the Clinic for direct salary and benefit costs incurred during such absence.

2503    The Clinic agrees to deduct the current Association dues from the pay of each employee in the bargaining unit.

2504    The Clinic will remit dues deducted to the Association on a monthly basis, along with a list of employees from whom deductions have been made, including details of all changes from the preceding monthly deduction listing.

2505    The Association shall notify the Employer in writing of any change in the amount of dues to be deducted at least one (1) month prior to the effective date of change and dues shall not be adjusted more frequently than twice in each calendar year.

2506    The Clinic agrees to provide a bulletin board for the posting of notices by the Association, provided however, that no notice will be posted without the prior consent of the Administrator or designate.

2507    The Clinic shall allow a representative of the Association access to an employee at their workplace for the purposes of communicating matters relating to labour relations, negotiations, grievances and labour board hearings.  The Association will inform the Administrator or his designate of the visit prior to the occurrence.

2508     The parties agree that:

a)  There shall be no discrimination against any employee’s race, creed, colour, religion, nationality, sex, marital status, age, physical defect, sexual preference, political affiliation, activity and non-activity in Association affairs or business.

b)  The Clinic and the Association agree that no form of sexual harassment shall be condoned in the workplace and it is further agreed that both parties will work together in recognizing and resolving such problems should they arise. Situations involving sexual harassment shall be treated in strict confidence by both the Clinic and the Association.

ARTICLE 26: GRIEVANCE PROCEDURE

2601    Should grievance arise between the Clinic and the employees or the Association represented by the employees concerning the interpretation, application, meaning, operation, or any alleged violation of the agreement, including the question of whether a matter of grievance is arbitrable or not:

2602    Unless dismissed or suspended by the Clinic, the employee shall continue to work in accordance with the agreement until such time that such grievance is settled by means of negotiating between the representatives of the Clinic and the Association.

2603     General Grievance Regulations

a)  The word “days” as used in the Article shall mean working days, other than Saturdays and Sundays or a general holiday.

b)  The discussion and decision made on each grievance shall be limited to the matters referred to in the written grievance.

c)  The employee or the Association, as the case may be, shall within five (5) days of the occurrence of the incident bringing about the grievance report such incident in writing to the Administrator or his designate.

d)  If the grievance is not settled within five (5) days from the date that the grievance is set out in writing and filed with the Administrator and a written reply received, then within five (5) days thereafter, the grievance shall be referred to a Committee consisting of the Association Representative and the president or other bargaining representative authorized by the Association and two representatives of the Clinic. The Clinic shall present the Clinic’s decision to the employee and to the Association Representative in writing within five (5) days of the matter being referred to the Committee.

e)  If the grievance is not settled within five (5) days from the date that the same is filed with the Committee referred to in 3003 e), then it may at any time within five (5) days thereafter be referred by either party to a Board of Arbitration to be composed of one nominee appointed by the Clinic and one by the Association, such appointments to be made within ten (10) days of such reference. The two nominees so appointed shall within ten (10) days of the nomination of the last of them, select a third member who shall be Chairman.  If one of the parties fails or neglects to appoint a nominee within the time limits above set forth then the other party may apply to the Chief Justice of the Court of Queen’s Bench of Manitoba to appoint such nominee.

A decision of the majority of such Board of Arbitration shall be final and binding on both parties hereto.

f)  Should the two appointed arbitrators fail to agree upon a Chairman within the time limit herein provided, then the two arbitrators shall forthwith apply to the Chief Justice of the Court of Queen’s Bench to select a Chairman.

g)  Each party shall be responsible for its individual contract costs and the expenses of the Chairman and the Arbitration Board shall be shared equally between the Clinic and the Association.

h)  In the case of a grievance involving an alleged unjust layoff, suspension, or discharge, the decision of the Arbitration Board or the Chairman or decision of the conferring parties may or may not result in an employee being reinstated with full compensation for time lost on the basis of the regular hours of work or such other arrangements as may be deemed just and equitable.

i)  If the decision of the Arbitration Board is to reinstate any employee, the Arbitration Board may deduct any wages earned through other employment since the layoff, suspension or discharge in question, from the award, if any.

j)  The Board of Arbitration shall not have the jurisdiction to rewrite the provisions of this Agreement, nor to make any decision inconsistent therewith.

ARTICLE 27: ARBITRATION PROCEDURE (N/A)

ARTICLE 28: SAFETY, HEALTH AND WELFARE

2801    Dental Plan – The Clinic agrees to provide a dental plan for all eligible employees who have completed their initial three (3) month probationary period.  Each employee and their eligible dependants shall be entitled to a maximum coverage of $1,300.00 per person per year.  The Clinic shall pay 70% of all eligible basic claims and 50% of eligible major and orthodontic claims.

2802     All full-time and part-time employees who have completed their probationary period shall be eligible for a uniform allowance of $115.00 per calendar year. Casual employees shall receive the uniform allowance on their anniversary date after completing 1 year of service with the employer and worked an average of 1 day per week.

All uniforms must be approved by the supervisor before the allowance will be paid.

Any increase in the uniform allowance during the life of the Collective Agreement will be implemented in accordance with the Clinic Policy.

2803    Life Insurance – Each eligible employee shall be entitled to fully paid group life insurance coverage as follows:

1.  Employees without Dependants

a) Life insurance equal to current annual salary as determined April 1st of each year.

b) Accidental Death and Dismemberment insurance equal to current annual salary as determined April 1st of each year.

2.  Employees with Dependants

a) Life Insurance equal to twice the current annual salary as determined April 1st of each year.

b) Accidental Death and Dismemberment insurance equal to twice the current annual salary as determined April 1st of each year.

3.  All benefits are subject to the eligibility and insurability provision of the group life insurance plan.

2804    The Clinic shall provide a money purchase equal contribution pension plan for employees in the bargaining unit.  Such a plan shall be consistent with current provincial pension plan regulations. The Clinic shall notify the Association of any planned changes to the pension plan.

2805    The Clinic agrees to maintain working conditions which are conducive to the safety and health of its employees.

2806    For the purposes of this Article, dependant shall be as deemed under the Canada Income Tax Act.

2807    The Employer agrees to schedule staff meetings a minimum of four (4) times per year.  The meetings will be for the purpose of continuing education, protocol, and policy changes or other matters relating to the workplace.

2808    Employer shall provide blue cross coverage to all employees. 

ARTICLE 29: PRE-RETIREMENT LEAVE (N/A)

ARTICLE 30: DISCIPLINE AND DISCHARGE

3001    The employer shall not discipline or dismiss any employee bound by this agreement except for just cause.

3002    An employee shall be shown any adverse written report concerning their performance or conduct, and her comments or reply shall also be recorded in their file.  The employee shall be given copies of all such documents.  If the employee regards the report to be inaccurate, the employee may initiate a grievance requesting its correction or removal from her file.

3003    An employee shall be accompanied or represented by the Association representative at all stages of the Grievance/Arbitration procedure.

3004    Nothing contained in this Agreement shall preclude settlement of a dispute or grievance in any manner whatsoever by mutual agreement between the Association and the Clinic.

3005      An employee subject to disciplinary action shall, after four (4) years from the date of the disciplinary measure was initiated, may request in writing that her record be cleared of that disciplinary action, provided the Employee has not accumulated any additional disciplinary actions.  The employer shall confirm in writing to the employee that such documentation has been removed.

3006    Employees shall have the opportunity to examine their file on request.  Except in extenuating circumstances, such request shall be made to the Clinic in writing one day in advance, and limited to one request every six months.  The Clinic will arrange with the employee the time and place that the file will be made available.  Only one (1) such file shall be kept.

ARTICLE 31: JOB SECURITY

3101    A layoff shall be defined as a reduction, in any multiple, of an employee’s hours of work.

3102    The Clinic agrees wherever possible to discuss in advance all matters which significantly affect the security of employment or working conditions of members in the bargaining unit.

3103    If a reduction in the working force becomes necessary, employees will be laid off in reverse order of seniority within their occupational classification subject only to the more senior employees being qualified, competent and willing to perform required work.

3104    Employees on layoff are to be recalled in order of seniority.  Such recall shall be made by registered mail and shall provide up to one (1) weeks’ notice to report back to work.  The employee is required to contact the Clinic within one (1) week of such notice, confirming their intention to return to work as scheduled or to make other reasonable alternative arrangements. An employee who declines to return to a position comparable to that held prior to layoff, without reasonable cause, shall be considered terminated.

3105    In the event of a deletion of an occupied position, as much notice as possible will be given to the incumbent, who will be entitled to exercise her seniority rights to displace an employee in a position of equal or lower classification.  Any employee thus displaced shall be entitled to a like exercise of seniority.

3106    Any employee affected by Article 3103 and/or 3105 shall be given written notice of two (2) weeks per complete year of service, with a minimum notice of one pay period, maximum of three (3) months.  Except when, Executive Council of the Winnipeg Clinic declares that extraordinary financial or other exigencies caused by loss of approved facility status, a change in the manner in which the Clinic receives Radiology fees or any negative change in the current approved schedule of Radiological Examinations.

3107    Technological change means:

a.  the introduction by an employer into his work, undertaking or business of equipment or material of a different nature or kind than that previously used by him in the operation of the work, undertaking or business, and

b.  a change in the manner in which the employer carries on the work, undertaking or business that is directly related to the introduction of that equipment or material.

3108    Notice of technological change.

i)   Where an employer who is bound by a collective agreement affecting a unit of his employees proposes to effect a technological change that is likely to affect the terms and conditions, or the security, of employment of a significant number of employees in the unit or to alter significantly the basis upon which the collective agreement was negotiated, he shall give notice of the technological change to the bargaining agent bound by the collective agreement at least ninety (90) days before the date on which the change is to be effected.

ii)  Employer agrees that should there be the addition of new major medical equipment directly related to patient care, unfamiliar to employees, those employees expected to use the new equipment shall receive training on the specific equipment prior to using the equipment on the job.

Contents of notice

b) The notice referred to above shall be in writing and shall state:

i.    the nature of the technological change;

ii.   the day on which the employer proposes to effect the technological change;

iii.  the approximate number and type of employees likely to be affected by the technological change; and

iv.   the effect that the technological change is likely to have on the terms and conditions, or security, of employment of the employees affected or the alteration that is likely to be made to the basis upon which the collective agreement was negotiated.

                                                          Notice to bargain.

c) Where an employer gives notice as per Article 1602 a), the bargaining agent bound by the collective agreement may serve notice upon the employer to commence collective bargaining with a view to the revision of the collective agreement or the conclusion of a new collective agreement, and thereupon the collective agreement in effect at the time the notice is given terminates on the earlier of:

i.    the date of expiry thereof; or

iii.  the day ninety days after the day on which the notice to commence collective bargaining is served upon the employer;

unless it is renewed prior thereto.

3109     Arbitration of effect of technological change.

Where an employer bound by a collective agreement affecting a unit of employees proposes to effect a technological change, he may submit to arbitration the question of whether the technological change is likely to affect the terms and conditions, or security, of employment of a significant number of employees in the unit or to alter significantly the basis upon which the collective agreement was negotiated; and if the arbitration board finds, in its award, that the technological change is likely to affect the terms and conditions, or security, of employment of a significant number of employees in the unit or to alter significantly the basis upon which the collective agreement was negotiated, the award of the arbitration board shall be deemed to be notice of the technological change given under Article 1602 a) to the bargaining agent bound by the collective agreement on the day on which the award is made and Article 1602 c) applies mutatis mutandis.

3110     Failure to serve notice.

a)  Where an employer who is bound by a collective agreement affecting a unit of his employees fails to give notice of a proposed technological change in accordance with 1602 a), the bargaining agent may submit to arbitration the question of whether the employer

(i)     has effected a technological change   that affected or was likely to affect the terms and conditions, or security of employment of a significant number of employees in the unit or that altered or was likely to alter significantly the basis upon which the collective agreement was negotiated; or

(ii)    proposes, within ninety days after the submission of the question to arbitration, to effect a technological change that is likely to affect the terms and conditions, or security, of employment of a significant number of employees in the unit or to alter significantly the basis upon which the collective agreement was negotiated.

 

Effect of affirmative award.

b)  Where an arbitration board to which a question has been submitted under 1604 a) finds in its award that the employer has effected or proposes, within ninety days of the date upon which the question was submitted to arbitration, to effect a technological change that affected or is likely to affect the terms and conditions, or security, of employment of a significant number of employees in the bargaining unit or that altered or is likely to alter significantly the basis upon which the collective agreement was negotiated, the award of the arbitration board shall be deemed to be notice by the employer given under 1602 a) on the day on which the award is made and 1602 c) applies mutatis mutandis.

3111      Application of Articles 1602, 1603 and 1604.

Articles 1602, 1603 and 1604 do not apply to an employer and a bargaining agent who are bound by a collective agreement where

a)  The employer has given to the bargaining agent a notice in writing of the technological change that is substantially in accordance with Article 1602 b)

i.    not less than four days before the day on which the employer and the bargaining agent revised or renewed the collective agreement or entered into the collective agreement; or

ii.   not later than four days before the last day on which notice requiring the parties to commence collective bargaining for the purpose of entering into the collective agreement could have been given pursuant to section 52 of the Labour Relations Act, if no notice was given under that section; or

b)  the collective agreement contains provisions that specify procedures by which any matters that relate to terms and conditions or security of employment likely to be affected by technological change may be negotiated and finally settled during the term of the agreement; or

c)  the collective agreement contains provisions that

i.    are intended to assist employees affected by any technological change to adjust to the effects of the technological change, and

ii.   specify that Articles 1602, 1603 and 1604 do not apply during the term of the collective agreement to the employer and the bargaining agent; or

d)  the collective agreement was concluded before this section came into force; or

e)  the employer and the bargaining agent agree by way of an agreement that is ancillary or supplementary to the collective agreement that the employer may make the technological change.

ARTICLE 32: NON DISCRIMINATION (N/A)

ARTICLE 33: PERFORMANCE APPRAISALS (N/A)

ARTICLE 34: NOTICE OF TERMINATION

3401    Employment may be terminated voluntarily by an employee by giving one (1) pay period of notice in writing exclusive of any vacation due.

3402    Employment may be terminated with less notice or without notice:

a) by mutual agreement between the employer and the employee by giving one (1) pay period of notice in writing exclusive of any vacation due.

b)  during the employee’s probationary period.

c)  when an employee is discharged for just cause and not re-instated.

d)  where the employer issues payment of basic salary equivalent to the period of notice not given.

ARTICLE 35: COMMITTEES

3501     The Clinic and the Association agree to cooperate in the formation and operation of a joint Labour Management Committee.  The Committee shall consist of up to three (3) employee representatives and up to three (3) representatives of the Clinic.  The Chair will alternate between the Clinic and employee representatives for each meeting.

3502     The Committee shall meet at the written request of either party with five (5) days advance notice being given or shall meet at least once every six (6) months.  A meeting agenda and minutes will be prepared and circulated by the presiding Chair.  Employees shall suffer no loss of basic pay for time spent in such meetings.

3503      The purpose of the Committee shall be:

a)  To provide fuller understanding and confidence between employees and the Clinic;

b)  To discuss workplace issues affecting employees and the Clinic;

c)  To make Association Staff Representatives aware of the benefit programs and to discuss such programs.

3504     The Clinic agrees to implement a Workplace Safety and Health Committee in order to maintain a safe working environment.

 3505    Two (2) representatives of the Association who are in the employ of the Clinic shall receive full salary during such time that such representatives are involved in negotiating a new collective agreement or in negotiating the revision of an existing collective agreement with the Clinic or who are involved with official grievances and/or arbitration proceedings and/or labour board hearings involving the Clinic, provided always that such negotiations, grievances or hearings are conducted during those times that such representatives would be on duty.

ARTICLE 36: JOB SHARING

3601     Job Sharing arrangements are subject to the approval of the Clinic and the Association and shall be documented and signed by the job sharing employees, the Clinic and the Association.

ARTICLE 37: TERM OF AGREEMENT

3701    This Agreement and all of its provisions shall be effective from and retroactive to and including the first (1st) day of April 2018 A.D.

3702    This Agreement shall be in full force and effect until the thirty first (31st) day of March 2022 A.D., and thereafter until a new Agreement has been concluded.  Provided that either party may give written notice after the first (1st) day of January 2022 of their intention to negotiate a revised Agreement for the period commencing on the first (1st) day of April 2022 and such negotiations shall commence within thirty (30) days after notice has been given.

3703     This Agreement may be amended during its term by mutual agreement.

 In witness whereof the parties have hereunto executed this agreement the day below written.

 

Signed this ____________ day of _______________, 2018
_______________________
_______________________
_______________________
_______________________
_______________________
For the Manitoba Association
of Health Care Professionals
_______________________
_______________________
_______________________
_______________________
_______________________for the Clinic

Memorandums

MEMORANDUM OF UNDERSTANDING #1

Memorandum of Understanding #1

Between

Winnipeg Clinic

And

The Manitoba Association of Health Care Professionals

Re: Job Share

1.    When a full-time position is posted, two (2) employees may apply to share that position. The decision to allow two (2) employees to split a full-time position rests solely with
Management who will consider the needs of the area.

2.    In the event that one (1) of the employees sharing a full-time position resigns, or goes on an extended leave of absence, and provided the Management decision is to allow this
position to remain a twinning position, the position will be posted as full-time with the
following wording noted on the job posting:

“This full-time position is currently being filled by two (2) employees working part-time. The remaining employee wishes to continue working her half of the rotation and she will be allowed to do so if another employee is willing to work the other half of this rotation.
If you wish to apply for the other half of this rotation, please apply in the normal manner stating same.”

3.    Providing there is another employee willing to share the full-time rotation, the remaining employee will be maintained in the shared position.

4.    If the Management decision is to no longer allow this position to remain as a twinning position, or if no employee is willing to share the rotation with the remaining employee, the posted position will be offered to the remaining employee as full-time and will be granted to her if she wishes to change from part-time to full-time.

5.    If the remaining employee refuses to accept the position on a full-time basis, the position may be offered as full-time to the most suitable applicant for the full-time job posting.

6.    The remaining employee will then be offered any part-time position that is currently vacant and if none is available, she shall be dealt with in accordance with Article 17.

 

Signed This___________ Day of _________, 2018

_____________________________ ______________________________

_____________________________ ______________________________

_____________________________ ______________________________
On Behalf Of the Association                           On Behalf Of the Clinic

MEMORANDUM OF UNDERSTANDING #2

Memorandum of Understanding #2

Between

Winnipeg Clinic

And

The Manitoba Association of Health Care Professionals

Special Agreement with Employees Sharing a Position

 

We, _________________________________and ________________________________agree to share “twin” a full-time position commencing _____________________________________.

 

We understand that if either one of us resigns from this position, or goes on an extended leave of absence, the other has the option of applying for the full-time position. We understand that if the remaining employee does not wish to apply for the full-time position, the terms of the Collective Agreement and the Memorandum of Understanding will apply.

We agree to work all necessary shifts during the vacation of the other half of the shared
position.

 

I, ________________________ wish/do not wish to be offered additional hours when
available.

I, ________________________ wish/do not wish to be offered additional hours when
available.

 

Date  ___________________

 

Employee’s Signature
__________________________________

 

Employee’s Signature
__________________________________

MEMORANDUM OF UNDERSTANDING #3

Memorandum of Understanding #3

Between

Winnipeg Clinic

And

The Manitoba Association of Health Care Professionals

Regarding Application Of Article 602

 

Employees Working Less Than 37 1/2 Hours Per Week Shall Be Offered Any Additional
Hours By Seniority, As And When These Are Available, Up To A Maximum Of 37 1/2 Hours
Per Week, Before Any Of These Additional Hours Can Be Offered To Casual Employees,
Or New Employees.

 

Signed This___________ Day of _________, 2018

_____________________________ ______________________________

_____________________________ ______________________________

_____________________________ ______________________________
On Behalf Of the Association                          On Behalf Of the Clinic

MEMORANDUM OF UNDERSTANDING #4

Memorandum of Understanding #4

Between

Winnipeg Clinic

And

The Manitoba Association of Health Care Professionals

Re: PHLAC

Whereas the Association is concerned about the loss of jobs due to the potential closure of
the Employer’s X-Ray Department;

And whereas the Province of Manitoba continues to explore Health Care Reform;

And whereas the Employer wishes to keep the union advised as to future developments
regarding potential closure of the Laboratory;

1.    The Employer agrees to notify the Association and the employees once they are advised of any plan on the part of the Manitoba Health or Manitoba Health Services Commission (or its successor) to close the Employer’s Laboratory.

2.    The Employer further agrees to discuss and explore the feasibility of applying for membership in the Provincial Health Care Labour Adjustment Committee.

Signed this ______ day of __________, 2018

____________________________ ____________________________

____________________________ ____________________________

____________________________ ____________________________

____________________________ ____________________________

For the Association                                         for the Clinic

Schedules

SCHEDULE "A"

SCHEDULE "B"

Applicable to Diagnostic Imaging Only:

An additional $100.00 per month will be paid to Technologists having an A.C.R. or B.Sc. /R.T. provided this is a requirement for the function they are performing in the Radiology Department.

This requirement is determined by a job description approved by the Radiology Director.